43(B)log

JUNE 17, 2022

4th -, 2022 WL 2036293, No. 7, 2022) The court upheld a contempt finding based on an underlying false advertising claim. Also, there was no relevant difference between trademark and false advertising cases in terms of accepting informational harm. De Simone v. VSL Pharmaceuticals, Inc., 20-1846, No.

False Advertising 64

False Advertising Advertising Advertising Litigation 64

43(B)log

OCTOBER 9, 2023

21, 2023) Deetsch alleged that he owned design patents for CPAP pillow products, which the Lei defendants infringed. They also allegedly used Deetch’s image in ads and on packaging, and allegedly falsely claimed on Amazon that their pillow products “were designed in the United States but are manufactured in China.”

Advertising 72

Advertising Advertising Branding Brands 72

43(B)log

NOVEMBER 21, 2022

Google LLC, 2022 WL 17072948, No. 18, 2022) Short opinion, summarized by the opening paragraph: The plaintiffs in this case don’t like how Google facilitates online orders from their restaurants. They try to articulate claims for trademark infringement, counterfeiting, false association, and false advertising.

False Advertising 72

False Advertising Fair Use Advertising Advertising 72

IP Tech Blog

MARCH 6, 2023

JC Penny, for example, has been hit with a class action lawsuit in the Southern District of California over its alleged advertising practice of using “false reference pricing.” Carranza claims that JC Penny falsely advertises its products on its e-commerce website by listing a high reference price and the corresponding sale price.

False Advertising 62

False Advertising Advertising Advertising Settlement 62

43(B)log

MARCH 14, 2024

11, 2024) I have a long-running interest in Rule 68 offers of judgment, and this case involves an interaction with false advertising law! Trial was scheduled for 2022 (!), The parties compete in the shoe market. In 2006, Crocs sued now-plaintiff Double Diamond and Dawgs, its affiliate.

False Advertising 59

False Advertising Advertising Advertising Branding 59

43(B)log

MARCH 6, 2024

1, 2024) “Qoins is a financial technology company that collects funds from its customers and disburses payments to designated creditors in order to help its customers pay off their debts.” But SouthState did have standing for a false advertising claim. Qoins Technologies, Inc., 3d -, 2024 WL 911075, No. 1:22-CV-5020-MHC (N.D.

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False Advertising Advertising Advertising Business 45

43(B)log

JANUARY 27, 2023

3d -, 2022 WL 16806210, No. 8, 2022) Stiles invented the “Stiles Razor,” a patented disposable razor with a narrow blade for precise shaving. The remaining design patent claims also failed. The accused design’s grip was also contoured and textured, not angular and smooth. Walmart, Inc., 2:14-cv-02234-DAD-DMC (E.D.

False Advertising 59

False Advertising Design Patent Designs Design 59

43(B)log

FEBRUARY 4, 2022

3:21-CV-00499 (JCH), 2022 WL 313965 (D. 2, 2022) The parties have a dispute over control of a fashion business. But the complaint didn’t actually allege that defendants advertised items from “The Line,” only that they sold them. Second, more fundamentally, this was conversion/breach of contract, not false advertising.

False Advertising 83

False Advertising Advertising Advertising Designs 83

43(B)log

OCTOBER 12, 2022

Meeker, 2022 WL 6507718, NO. 19, 2022) Judge Cannon has done some other stuff, too. The Lanham Act claims were styled as false association, “false association with celebrity status,” false designation of origin, and false advertising. La Dolfina S.A., 20-82231-CIV-CANNON/Reinhart (S.D.

False Advertising 59

False Advertising Advertising Advertising Ownership 59

LexBlog IP

MARCH 6, 2023

JC Penny, for example, has been hit with a class action lawsuit in the Southern District of California over its alleged advertising practice of using “false reference pricing.” Carranza claims that JC Penny falsely advertises its products on its e-commerce website by listing a high reference price and the corresponding sale price.

False Advertising 52

False Advertising Advertising Advertising Settlement 52

The IP Law Blog

OCTOBER 27, 2022

21, 2022) District Judge George H. In the case, Plaintiff sued Defendant on April 18, 2022 accusing Defendant of infringing U.S. On July 12, 2022, the Court issued a scheduling order pursuant to Federal Rule of Civil Procedure 26(f) which stated that the “[l]ast day to amend without proceeding under Fed. In SSMiller IP LLC v.

False Advertising 98

False Advertising Patent Advertising Advertising 98

43(B)log

DECEMBER 1, 2022

8:22-cv-827-JVS-KESx, 2022 WL 17328411 (C.D. OSD Audio then sued Outlaw under §512(f), and Outlaw counterclaimed for false advertising and unfair competition under the Lanham Act, copyright infringement, and trade libel. Lanham Act: The user manual did not constitute “commercial advertising or promotion.” Santos Elecs.

Advertising 64

Advertising Advertising False Advertising Copyright 64

Indiana Intellectual Property Law

FEBRUARY 23, 2023

MaddenCo owns Copyright Registration Number TX0009171151 entitled “The Tire Dealer System” with an effective registration date of August 26, 2022. Per Plaintiff’s website, MaddenCo is a privately held family business and has been for over 40 years. According to the complaint, both Defendants Reed and Darby were employed by MaddenCo.

False Advertising 52

False Advertising Confidentiality Copyright Infringement Contracts 52

43(B)log

AUGUST 5, 2022

CV-21-00228-TUC-SHR, 2022 WL 3098042 (D. 4, 2022) Frequent IP claimant Lisa Frank is in court this time over a failed deal with a vegan cosmetics company, whose contract aspects I will ignore. Lanham Act false advertising: Were the statements “commercial advertising or promotion” even though not in a conventional ad?

Advertising 59

Advertising Advertising False Advertising Contracts 59

43(B)log

AUGUST 26, 2022

2022 WL 3647817, No. 24, 2022) This seems like a silly result to me, shifting the burden to comparative advertisers, but it's often much harder to get summary judgment in a trademark case than in comparable cases. the design Peninsula, like PennEngineering, makes floating fasteners with square-in-square designs.

False Advertising 59

False Advertising Advertising Advertising Trademark 59

IPilogue

JUNE 21, 2022

On February 3 rd 2022 Nike Inc. sued StockX LLC for trademark infringement, false designation of origin, trademark dilution, and related causes. On March 31, 2022, StockX filed a response explaining that the NFTs are not sold as virtual assets, but are rather to authenticate physical shoes. StockX Vault NFTs.

Non-Fungible Tokens 116

Non-Fungible Tokens Ownership False Advertising Fair Use 116

43(B)log

JULY 6, 2022

2022 WL 2383722, No. 28, 2022) BD and its subsidiary (BD) sell urologic devices and supplies, including catheter trays, which compete with Medline’s. The court grouped the Lanham Act false advertising and New Jersey statutory and common law unfair competition claims together. Becton, Dickinson & Co. Medline Indus.,

False Advertising 59

False Advertising Designs Design Advertising 59

43(B)log

JULY 20, 2022

Stubenrauch, 2022 WL 2793579, No. 15, 2022) The parties in this case are former business associates, which is one reason there are so many different claims. Still, plaintiffs plausibly pled secondary meaning [at least of the design mark, I think[ and also plausibly pled that at least some of defendants’ materials infringed.

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False Advertising Ownership Registration Designs 72

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

The plaintiffs claim it was a spoof app designed to steal cryptocurrency worth $5k in Diep’s case and $500k in Nagao’s case (ouch). False Advertising. 2022 WL 4021776 (N.D. This lawsuit relates to the “Toast Plus” app that was available in Apple’s app store. ” Section 230. Apple, Inc.

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False Advertising Privacy Publishing Advertising 112

43(B)log

JULY 3, 2023

Zuluaga told a designer to look at Industria’s website when creating Latinfood’s packaging designs for Zenú and Ranchera and brought one of Industria’s Ranchera labels to the designer’s office. Advertisements made for Latinfood Zenú products used the phrase “una deliciosa tradición,” which translates to “a delicious tradition.”

False Advertising 59

False Advertising Advertising Advertising Registration 59

43(B)log

NOVEMBER 28, 2022

2022 WL 17218077, No. 2, 2022) Before the jury verdict in favor of Monster’s false advertising claim was this opinion resolving evidentiary issues. However, they fail to show that Monster dirtied its hands to make the false advertising claims now alleged against Defendants.” Monster Energy Co.

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False Advertising Advertising Advertising Social Media 59

43(B)log

JUNE 14, 2022

19-cv-218-wmc, 2022 WL 1718901 (W.D. May 27, 2022) Previously, the district court found that AB’s anti-Miller/Coors campaign was false advertising “to the extent it was designed to mislead consumers into believing corn syrup remained in Miller Lite and Coors Light products after the brewing process was completed.”

False Advertising 72

False Advertising Advertising Advertising Marketing 72

43(B)log

OCTOBER 31, 2022

8:22CV314, 2022 WL 15523245 (D. 27, 2022) A rare tortious interference/business defamation case that results in a preliminary injunction (converted from a TRO), based on claims of patent infringement made to plaintiff’s customers. Lite-Netics, LLC v. Nu Tsai Capital LLC, NO.

Patent Infringement 90

Patent Infringement Patent False Advertising Business 90

43(B)log

JUNE 14, 2022

2022 WL 1665453, No. May 25, 2022) Alcon sued Lens.com for federal and state false advertising and trademark claims. 1994), “before considering consumer survey evidence, a district court must, first, determine whether the designation of geographic origin is ‘geographically descriptive.’ Alcon Vision, LLC v.

False Advertising 72

False Advertising Trademark Advertising Advertising 72

43(B)log

APRIL 27, 2022

2022 WL 1157481, No. 19, 2022) The parties compete to supply Pacific Gas & Electric Company with specialized guards that protect birds and other animals from electrocution. The resulting ECC-3, which is designed for cutouts made out of porcelain, is Eco’s most successful product and is also sold to other utility companies.

False Advertising 59

False Advertising Advertising Advertising Reporting 59

LexBlog IP

OCTOBER 27, 2022

21, 2022) District Judge George H. In the case, Plaintiff sued Defendant on April 18, 2022 accusing Defendant of infringing U.S. On July 12, 2022, the Court issued a scheduling order pursuant to Federal Rule of Civil Procedure 26(f) which stated that the “[l]ast day to amend without proceeding under Fed. Patent Nos.

False Advertising 52

False Advertising Advertising Advertising Patent 52

43(B)log

AUGUST 25, 2022

16-5073, 2022 WL 3588024 (E.D. 22, 2022) The court here allows an antitrust claim to proceed based in part on allegedly false/misleading statements because they form part of the alleged anticompetitive product-hopping scheme and because the unique characteristics of the drug market make market-based responses to false advertising difficult.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

43(B)log

SEPTEMBER 26, 2022

19-CV-7577 (KMK), 2022 WL 4368036 (S.D.N.Y. 20, 2022) Plaintiff PCC sued NABP, a nonprofit whose membership consists of state/similar political unit boards of pharmacy (some other pharmacy associations/partnerships are also separate defendants), alleging violations of the Sherman Act and false advertising under the Lanham Act.

Marketing 56

Marketing Marketing False Advertising Advertising 56

43(B)log

JANUARY 10, 2023

6, 2023) Norman sued Gerber for allegedly falsely advertising its baby food/infant formula products as “NON GMO Not Made With Genetically Engineered Ingredients” on the front of the package, and also on the back above the ingredients list. 20-CV-9589 (KMK), 2022 WL 836773 (S.D.N.Y. Gerber Prods. 2023 WL 122910, No. In Gordon v.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

43(B)log

DECEMBER 23, 2022

20, 2022) Plaintiffs rented Yesterday on Amazon, allegedly in reliance on the trailer, which contained a scene/subplot that ultimately never appeared in the final movie featuring famous actress Ana De Armas. Although expressing some skepticism, the court found that they stated a valid false advertising claim.

False Advertising 72

False Advertising Advertising Advertising Social Media 72

43(B)log

FEBRUARY 17, 2022

11, 2022) This is the main liability opinion. Thus, any false advertising claim would lie against Albaum, not [directly] against ChromaDex. What about statements about how a product was “designed”? Elysium said that its proprietary formulation of two ingredients was “designed” to work together synergistically.

Advertising 80

Advertising Advertising False Advertising Marketing 80

43(B)log

JANUARY 13, 2023

Wolf Designs LLC v. Five 18 Designs LLC, F.Supp.3d 3d -, 2022 WL 10551564, No. 18, 2022) Wolf designs and installs “vehicle wraps,” large vinyl graphics or decals applied to car bodies. Copyright: Three of Wolf’s customers allegedly opted to hire Five 18 to install vehicle wraps featuring designs Wolf owned.

False Advertising 72

False Advertising Advertising Advertising Registration 72

43(B)log

JUNE 16, 2022

2:21-cv-09034-SB-PVC, 2022 WL 1843138 (C.D. 22, 2022) Plaintiffs used Omaze’s website to “donate” money to various charities and be entered for chances to win prizes. It contracts with Charities Aid Foundation of America, which in turn delivers donated funds to designated charities. Omaze, Inc.,

False Advertising 59

False Advertising Advertising Advertising Designs 59

43(B)log

JULY 1, 2022

2022 WL 2355481, No. 30, 2022) “This case began as a routine suit for breach of a noncompete provision in an employment contract. Lanham Act false advertising: Failing to delete email and voicemail accounts is not “commercial advertising or promotion.” At least there's something that doesn't? 1:21-CV-274-HAB (N.D.

Advertising 59

Advertising Advertising False Advertising Public Use 59

43(B)log

MAY 3, 2023

2022), the court of appeals reversed, though it did affirm the dismissal of warranty claims. Yet, if the company falsely advertised that you could ‘blow a bubble bigger than your own head,’ it is plausible that a reasonable buyer could be misled.” Relying on Int’l Code Council, Inc. UpCodes Inc., 4th 46 (2d Cir.

Law 52

Law False Advertising Advertising Advertising 52

43(B)log

NOVEMBER 27, 2023

It alleged that the Philips defendants, who make such devices, engaged in false advertising about one of SoClean’s devices in order to deflect blame for the Philips devices’ design defects. Recall notice: Eli Lilly & Co. Roussel Corp., 2d 460 (D.N.J. Did alleged blame-shifting in these recall notices change the analysis?

Advertising 59

Advertising Advertising Marketing Marketing 59

43(B)log

MAY 2, 2022

2022 WL 1225031, No. 26, 2022) This opinion resolves challenges to expert testimony in a false advertising class action under NY’s GBL challenging the advertising of Joint Juice as touting benefits of a useless product; both parties win and lose some. Premier Nutrition Corp., 16-cv-06980-RS (N.D.

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False Advertising Advertising Advertising Marketing 59